2024 Rothgerber Conference: AI and the Constitution

Silicon Flatirons and the Byron White Center are proud to be partnering together on a conference on AI and the Constitution being held on April 19, 2024. The conference merges the Silicon Flatirons annual Artificial Intelligence Conference with the White Center’s annual Ira C. Rothgerber Jr. Conference on Constitutional Law. This joint conference will examine emerging Constitutional issues implicated by the rapid advances in artificial intelligence.

Times are subject to change. More details to come.

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04/19/24 8:30am - 9:00am
Check In and Breakfast

@ Wolf Law Building: Foyer and Boettcher Hall

Attendees are welcome to check-in and enjoy a continental breakfast buffet before the day’s programming gets underway.
04/19/24 9:00am - 9:10am
Welcome and Introduction

@ Wolf Law Building, Wittemyer Courtroom

  • Suzette Malveaux
    Moses Lasky Professor of Law, University of Colorado Law School
04/19/24 9:10am - 10:00am
  • Harry Surden
    Professor of Law, University of Colorado Law School
04/19/24 10:00am - 10:15am

04/19/24 10:15am - 11:45am
AI and Privacy
Suzette Malveaux
Chris Chambers Goodman
Paul Ohm
Spencer Overton
Scott Skinner-Thompson

This panel explores the challenges of protecting the right to privacy in the context of the explosion of AI.  The discussion will range from how privacy can and should be protected from a wide angle lens to more granular assessments.  More specifically, the panelists will consider: the challenge of defining and protecting “sensitive” information; the need for data privacy protections tailored to marginalized groups to guard against exploitation, oversurveillance and political deception; the dangers of law enforcement’s use of facial recognition technology; and the efficacy of groundbreaking local laws that require impact assessments for algorithms used in hiring decisions.

04/19/24 11:45am - 1:00pm

@ Wolf Law, Schaden Commons

A catered lunch will be provided onsite.
04/19/24 1:00pm - 2:15pm
AI and the Interpretation of the U.S. Constitution and Other Legal Documents
  • Harry Surden — Moderator
    Professor of Law, University of Colorado Law School
  • Yonathan Arbel
    Silver Associate Professor of Law, University of Alabama Law
  • Andrew Coan
    Milton O. Riepe Chair in Constitutional Law, University of Arizona
  • Vivek Krishnamurthy
    Associate Professor, University of Colorado Law School
  • Megan Ma
    Associate Director, Stanford Program for Law, Science, and Technology, and CodeX, Stanford Law School
Harry Surden
Yonathan Arbel
Andrew Coan
Vivek Krishnamurthy
Megan Ma

The applications of artificial intelligence (AI) in the legal field are becoming increasingly apparent. One area of particular interest is the use of AI in interpreting legal documents, such as contracts and the U.S. Constitution. Proponents argue that AI could provide more objective and consistent interpretations, with reduced biases or inaccuracy. Others suggest that this could result in a more uniform application of law, provide clarity in complex legal landscapes, or uncover novel or more consistent patterns of legal thought.

However, critics caution that the notion of AI-driven objectivity in legal interpretation may be illusory. They argue that the underlying policy preferences and value judgments that underlie human interpretation of law cannot be eliminated, nor should they be, even with the use of advanced technology. They also highlight the central role of discretion and human judgment in matters of law. Moreover, they raise concerns about the transparency and accountability of AI systems in such crucial decision-making processes. Critics observe that many of similar questions have already been addressed in earlier debates about familiar interpretive philosophies, such as textualism, originalism, and pragmatism.

This panel will explore the possibilities and limitations of using AI in interpreting the U.S. Constitution and other legal documents. Panelists will examine the potential benefits, such as increased efficiency and consistency, as well as the challenges The discussion will explore questions surrounding the nature of legal interpretation and the role of human judgment in the process.

04/19/24 2:15pm - 2:35pm

04/19/24 2:35pm - 4:00pm
AI Speech and the First Amendment
  • Blake E. Reid — Moderator
    Associate Professor of Law, University of Colorado Law School
  • Eric Alston
    Scholar in Residence, Finance Division, University of Colorado Boulder
  • Newton Campbell
    Director, Space Programs, Australian Remote Operations for Space and Earth (AROSE)
  • April Dawson
    Associate Dean of Technology and Innovation and Professor of Law, North Carolina Central University School of Law
  • Helen Norton
    University Distinguished Professor and Rothgerber Chair in Constitutional Law, University of Colorado Law School
Blake E. Reid
Eric Alston
Newton Campbell
April Dawson
Helen Norton

The First Amendment has long protected the speech rights of human (and corporate) speakers and listeners in the United States. However, the rapid advancements in artificial intelligence since 2022 have led to a new era in which AI-generated speech can match or even surpass human-generated content in terms of sophistication and substance. This development has raised complex questions about the intersection of AI speech, such as, how does the First Amendment apply to speech generated by machines, if at all?

This panel will explore the various implications of AI-generated speech on First Amendment jurisprudence. Panelists will examine whether the right to free speech extends to the creation and dissemination of AI-generated content, and if so, to what extent. The discussion will also explore the potential differences between AI and human speech, and whether these differences warrant distinct legal considerations.

Another key question the panel will address is whether individuals have a First Amendment right to access AI-generated speech in the same way they do with human-generated content. This raises concerns about potential censorship and the role of government regulation in the realm of AI speech. Additionally, the panel will consider the challenges posed by AI-generated speech that is defamatory, misleading, or inaccurate. Panelists will explore whether such speech should be treated differently than similar content produced by human speakers, and if so, what legal frameworks could be applied to address these issues.

04/19/24 4:00pm - 4:05pm
Closing Remarks

04/19/24 4:05pm - 4:45pm

@ Wolf Law Building, Foyer and Boettcher Hall

After the conference concludes, attendees and speakers are invited to Boettcher Hall for appetizers, refreshments, and conversation.

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